Choreography of Judicious Thought

January 11, 2005

Supreme Court nominee Alito:

"I wasn't happy that a 10-year-old was searched. Now, there wasn't any claim in this case that the search was carried out in any sort of an abusive fashion. It was carried out by a female officer . . . [But] I don't think there should be a Fourth Amendment rule . . . that minors can never be searched. Because if we had a rule like that, then where would drug dealers hide their drugs? That would lead to greater abuse of minors."

Because if we had a rule like that, then...

This is the Two-Step of Intelligence, in the face of hysteria about one event. We here haven't studied Alito or his record, have no stake in his confirmation, aren't entering that fray. But we have observe that the recital of an unhappy anecdote, followed by "Eeek! There oughta' be a law!" is a dangerous basis for micro or macro policy, constituting what might be called the Two-Step of Stuck...

Via Betsy's Page

Redstate comment on the hearings continuing January 12:

-- By: Old Dad

The real miracle    
is that everyone at the hearing didn't burst into tears and run screaming from the room.

Comments

[Richard Lawrence Cohen]

Yes.

[mrsdarwin]

Of course, anecdote, whether unhappy or uproariously funny or chillingly cautionary, is simply never a good source for law. It seems like ruling on the basis of particulars rather than universals is bound to cause confusion and whining. Besides, not all minors searched by the police are paragons of virtue being treated unjustly...